DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 31 May 2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-10, 20-21 and 25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 8, 20 and 25 recite the limitation "the group consisting of". There is insufficient antecedent basis for this limitation in the claim. The examiner suggests amending this limitation to “a group consisting of” to provide clear antecedent basis.
Claims 9-10 and 21 are rejected by virtue of their dependency upon an indefinite base claim.
Allowable Subject Matter
Claims 1-6, 12, 14-16, 18-19, 24 and 27 are allowed.
Claims 8-10, 20-21 and 25 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record, Gong et al. (CN 112603642) and Wang et al. (CN 110108399), fails to reasonably teach or suggest a pollen-based substrate layer in combination with the elastomeric adhesive layer, biocompatible polymer layer, and metal layer positioned on top of the pollen-based layer as specifically required by the claims. The closest prior art generally teaches a pollen-based conductive layer surrounded by polymer layers, and a mixed material composite mixed with water in combination with fabric, adhesive, and protective layers. However, the prior art is silent with respect to the specific ordering of the layers of materials as required the claims and also fails to provide any reasonable suggestion for modifying the prior art structures to arrive at the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN W COLLINS whose telephone number is (408)918-7607. The examiner can normally be reached M-F 9:00 AM-5:00 PM ET.
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/SEAN W COLLINS/Primary Examiner, Art Unit 3794
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